Sending passport to embassy by mail or through my next of kin

Appeal32011 · Post by **Appeal32011** » Fri Dec 07, 2018 6:54 pm

Hi,

I won my appeal for a 320 (11) immigration offence today. The judge overruled the decision of the first tier tribunal, saying there was an error of law, and instructed the ECO to make a new decision by exercising some discretion. For 320 (11) offenders in a similar situation, who may want some guidance from my experience, please see a timeline of case below:

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds. Overstaying was the breach, going to university was the aggravating circumstance.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me) and I guess this was why we lost. I appealed the decision straightaway using a Barrister. New appeal date set for December.

December 2018: Won upper tier appeal. Judge was very positive. He said there's a clear error of law and that the first tier judge had made a wrong decision. He said that he will put this into writing and instruct ECO to make a new decision, and exercise discretion.

My questions:

1) How long does it usually take the ECO to make a new decision (hopefully exercising some discretion)

2) I have decided to part ways with my Barrister for now, due to very high legal fees. Should I send additional cover letter to home office apologising and feeling remorse for overstaying and studying, and pleading that they exercise discretion in their new decision?

3) How likely are they to refuse my application again, based on a new reason? (By the way, They had previously said that I meet every other requirement )

ukvisa123 · Post by **ukvisa123** » Sat Dec 08, 2018 9:11 am

Hi, I think it can upto 12 weeks. I am not 100% sure. Hopefully seniors on the forum can give a more accurate info.

Can you also post how long it took for Home Office to give you decision since you submitted the application?

Thanks

Appeal32011 · Post by **Appeal32011** » Sat Dec 08, 2018 4:16 pm

Ok thanks. Home office responded after 3 months. Please look at my timeline

Alam- · Post by **Alam-** » Sun Dec 09, 2018 11:49 am

Appeal32011 wrote: ↑
Fri Dec 07, 2018 6:54 pm
Hi,

I won my appeal for a 320 (11) immigration offence today. The judge overruled the decision of the first tier tribunal, saying there was an error of law, and instructed the ECO to make a new decision by exercising some discretion. For 320 (11) offenders in a similar situation, who may want some guidance from my experience, please see a timeline of case below:

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds. Overstaying was the breach, going to university was the aggravating circumstance.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me) and I guess this was why we lost. I appealed the decision straightaway using a Barrister. New appeal date set for December.

December 2018: Won upper tier appeal. Judge was very positive. He said there's a clear error of law and that the first tier judge had made a wrong decision. He said that he will put this into writing and instruct ECO to make a new decision, and exercise discretion.

My questions:

1) How long does it usually take the ECO to make a new decision (hopefully exercising some discretion)

2) I have decided to part ways with my Barrister for now, due to very high legal fees. Should I send additional cover letter to home office apologising and feeling remorse for overstaying and studying, and pleading that they exercise discretion in their new decision?

3) How likely are they to refuse my application again, based on a new reason? (By the way, They had previously said that I meet every other requirement )

I overstayed for 3 months then 2 applications to ramain were refused, I did not appeal or went to court and I left UK in September 2018, applying next week spouse visa. I don't see any aggravated circumstances in my case. Any suggestions or advice for me?
I hope you get reply from Hope Office soon.

CR001 · Post by **CR001** » Sun Dec 09, 2018 12:15 pm

Alam- wrote: ↑
Sun Dec 09, 2018 11:49 am

Appeal32011 wrote: ↑
Fri Dec 07, 2018 6:54 pm
Hi,

I won my appeal for a 320 (11) immigration offence today. The judge overruled the decision of the first tier tribunal, saying there was an error of law, and instructed the ECO to make a new decision by exercising some discretion. For 320 (11) offenders in a similar situation, who may want some guidance from my experience, please see a timeline of case below:

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds. Overstaying was the breach, going to university was the aggravating circumstance.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me) and I guess this was why we lost. I appealed the decision straightaway using a Barrister. New appeal date set for December.

December 2018: Won upper tier appeal. Judge was very positive. He said there's a clear error of law and that the first tier judge had made a wrong decision. He said that he will put this into writing and instruct ECO to make a new decision, and exercise discretion.

My questions:

1) How long does it usually take the ECO to make a new decision (hopefully exercising some discretion)

2) I have decided to part ways with my Barrister for now, due to very high legal fees. Should I send additional cover letter to home office apologising and feeling remorse for overstaying and studying, and pleading that they exercise discretion in their new decision?

3) How likely are they to refuse my application again, based on a new reason? (By the way, They had previously said that I meet every other requirement )
I overstayed for 3 months then 2 applications to ramain were refused, I did not appeal or went to court and I left UK in September 2018, applying next week spouse visa. I don't see any aggravated circumstances in my case. Any suggestions or advice for me?
I hope you get reply from Hope Office soon.

Kindly keep your questions on your application in your own topic you already have instead of tagging onto another members thread.

Appeal32011 · Post by **Appeal32011** » Fri Dec 21, 2018 3:30 am

Anyone with an opinion on this issue?

Appeal32011 · Post by **Appeal32011** » Thu Feb 28, 2019 9:14 pm

I received an email from Home office on Sunday. They finally overturned the refusal based on 320 (11) and asked me to submit my passport. I have three final questions:

A) The email did not say anything about paying NHS fee. Do I have to pay it?

B) The email said I needed an updated tuberculosis test. The previous one is already expired. Will I be refused entry into the UK if I don’t have an updated one?

C) I have since moved to Belgium since my first refusal. I now have a residence card in Belgium. Can I travel to my home country (Nigeria) where I applied for the British spouse visa, get the visa stamp on my passport, come back to Belgium, and then enter Britain from Belgium?

My final timeline

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me). New appeal date set for December.

December 2018: Won upper tier appeal.

February 2019: HO overturned refusal. Received letter to submit my passport

wahi66 · Post by **wahi66** » Thu Feb 28, 2019 10:48 pm

Appeal32011 wrote: ↑
Thu Feb 28, 2019 9:14 pm
I received an email from Home office on Sunday. They finally overturned the refusal based on 320 (11) and asked me to submit my passport. I have three final questions:

A) The email did not say anything about paying NHS fee. Do I have to pay it?

i think they might will ask you seperately to pay this

B) The email said I needed an updated tuberculosis test. The previous one is already expired. Will I be refused entry into the UK if I don’t have an updated one?

this is must. (but wait for others to respond in line with your existence in Belgium.

C) I have since moved to Belgium since my first refusal. I now have a residence card in Belgium. Can I travel to my home country (Nigeria) where I applied for the British spouse visa, get the visa stamp on my passport, come back to Belgium, and then enter Britain from Belgium?

Yes this would be your right course of action.

My final timeline

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me). New appeal date set for December.

December 2018: Won upper tier appeal.

February 2019: HO overturned refusal. Received letter to submit my passport

Appeal32011 · Post by **Appeal32011** » Wed Apr 17, 2019 10:19 pm

Hello,

I won my uk spouse visa appeal after waiting for over a year. I have since moved out of the country I made the application and settled into an European country. I received an email about 2 months ago, saying I should submit my passport to the embassy I made the application. Travelling all the way back to the country I made the application seems like a hassle.

Has anyone been in this situation? Can I send the passport my mail or through a next of kin?

seagul · Post by **seagul** » Thu Apr 18, 2019 12:58 pm

Appeal32011 wrote: ↑
Wed Apr 17, 2019 10:19 pm
Hello,

I won my uk spouse visa appeal after waiting for over a year. I have since moved out of the country I made the application and settled into an European country. I received an email about 2 months ago, saying I should submit my passport to the embassy I made the application. Travelling all the way back to the country I made the application seems like a hassle.

Has anyone been in this situation? Can I send the passport my mail or through a next of kin?

Usually travelling out to UK during the appeal proceedings leads to withdrawal of appeal. You should have informed to UKVI when moving abroad.

CR001 · Post by **CR001** » Thu Apr 18, 2019 1:02 pm

seagul wrote: ↑
Thu Apr 18, 2019 12:58 pm

Appeal32011 wrote: ↑
Wed Apr 17, 2019 10:19 pm
Hello,

I won my uk spouse visa appeal after waiting for over a year. I have since moved out of the country I made the application and settled into an European country. I received an email about 2 months ago, saying I should submit my passport to the embassy I made the application. Travelling all the way back to the country I made the application seems like a hassle.

Has anyone been in this situation? Can I send the passport my mail or through a next of kin?
Usually travelling out to UK during the appeal proceedings leads to withdrawal of appeal. You should have informed to UKVI when moving abroad.

OP applied for a spouse visa from abroad that was refused and appealed from home country not the UK!!!

seagul · Post by **seagul** » Thu Apr 18, 2019 2:19 pm

Also try to inquire from your local British consulate/vfs centre whether they can help you over this matter.

Appeal32011 · Post by **Appeal32011** » Sat Apr 27, 2019 7:06 pm

How much do I have to pay in nhs fees after winning my appeal? I applied in 2017 and The original amount I paid is £650. Will I pay the same amount or more?

Also, the email they sent me saying I should submit my passport doesn’t have any information on nhs. It just says that the refusal was overturned

Appeal32011 · Post by **Appeal32011** » Sun May 12, 2019 12:41 am

I submitted my passport on the 30th June.

Can someone please answer my question on IHS fee?

I paid £650 when I applied in 2017. I won my appeal in December, 2018. I don’t know if I’ll pay the old £650 or the new £1200 fee.

Appeal32011 · Post by **Appeal32011** » Fri May 17, 2019 2:18 pm

Update

I received an email from UkVi centre today, after over 2 weeks of submitting my passport. The email acknowledged that they didn’t send the IHS link earlier, and says that they will send the link ‘shortly’.

Does this mean that they will expedite my case? How long will I have to wait to get the visa stamp?

The email is copied below:

Thank you for your enquiry and for submitting your passport to the VAC. Unfortunately, we ommitted to send a request for the IHS payment. Therefore, a colleague will contact you shortly regarding this. Please accept our apologies for any inconvenience caused.

UKVI is keen to continually review and improve its service to our customers. To help us to do so we would be grateful if you could complete our customer contact survey by visiting https://www.homeofficesurveys.homeoffic ... k/s/2DT8W/

If you have any further enquiries, please visit our website at www.GOV.UK

Kind Regards
BG

UKVI Contact Centre Service - UK Decision Making Centre
www.GOV.UK

Appeal32011 · Post by **Appeal32011** » Fri May 31, 2019 9:42 pm

Hi,

The Judge in charge of my spouse visa refusal case at upper tier Tribunal asked the UKVI to pay me a fee for the wrongful refusal of my visa application. This was in December 2018. Ive asked the UKVI about the fee, but they refuse to pay. What can I do?

Appeal32011 · Post by **Appeal32011** » Tue Jun 04, 2019 8:38 pm

Can someone answer?

How can I make ukvi pay the fee awarded by the Upper Tribunal judge?

seagul · Post by **seagul** » Tue Jun 04, 2019 9:22 pm

Write back again to same upper tribunal judge

Appeal32011 · Post by **Appeal32011** » Fri Jun 28, 2019 11:43 am

UKVI told me today that a decision to implement the appeal decision and grant me the spouse settlement visa was made on Wednesday and I should wait for tls visa service in my country (Nigeria) to contact me for passport collection. Does anyone have a rough estimate of how long I have to wait to get the email from Tls?

I only waited for 2 days during my initial spouse visa application which was refused in 2017 (decision to refuse was made by home office on 10th of July, email to collect passport was received on 12th of July)

Appeal32011 · Post by **Appeal32011** » Sun Jun 30, 2019 1:31 pm

Can someone please answer? On Wednesday, home office implemented the appeal judgment and granted me a visa. When am I likely to get a passport collection email from the visa service office in my home country (Nigeria)?

Appeal32011 · Post by **Appeal32011** » Wed Jul 03, 2019 9:40 am

I still haven’t received an email from tls to come collect my passport. It has now been 8 days since UKVI made a decision and closed my case. Should I go to the TLS Centre (in Abuja, Nigeria) to ask for my passport or should I keep waiting to receive the email?

Please I need a response ASAP

Appeal32011 · Post by **Appeal32011** » Wed Jul 03, 2019 3:30 pm

Finally!!! After waiting for over 2 years, I got my passport back today with the visa stamp. Here’s my final timeline:

My final timeline

February 2017: Moved back to home country to marry spouse after overstaying in UK for 11 years and getting 2 university degrees.

April 2017: Put in an application for UK spouse visa

July 2017: Application refused on 320 (11) grounds.

August 2017: Sent appeal bundle to ECM

December 2017: ECM refuses to overturn, tribunal date set for August 2018.

August 2018: Lost appeal in first tier tribunal. I did not use a Barrister (my spouse represented me). New appeal date set for December.

December 2018: Won upper tier appeal.

February 2019: HO overturned refusal. Received letter to submit my passport

April: Submitted passport

**** No email or call from tls Visa Centre to collect passport ***

July 3: Went to tls and it turned out that they already had my passport. They didn’t bother to contact me. Smh

July 3: Travelling to London!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Sending passport to embassy by mail or through my next of kin

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